NGPM/DCB Legal - Small claims form

Mindsweeper

Good morning all,

New here, so hoping I've done this correctly. I'll lay out all the information below that I think is relevant & hope someone can provide some further advice/clarity.

1. I've received a Small claims form for a PCN issued back in March 2023 for parking in a disabled bay without presenting a BB (I do have a disability recognised by the Equality Act, I just don't qualify for a BB). 
2. I have contacted both New Generation and DCB disputing the charge & cited that I do have a protected characteristic.  Both parties disregarded this. 
3. The date on the small claims letter is the 13th Feb '24, so I'm now able to file my AOS & extend the defence period to 28 days. This will be done over the next couple of days.
4. No Letter before claim received - not to say this wasn't sent, it just wasn't received. 

I have read post 2 of the newbies thread & will use the template for my defence.
 My questions are -

1. When making the amendments to para 3, do I just explain that I used the parking bay because I was under the assumption I was able to under the EA & that the BB scheme holds no legal bearing within a private car park & that infact their arbitrary rule contravenes the EA?
2. Given that I had previously explained that I have recognised disability under EA to both parties, is this now grounds to accuse of direct discrimination & should that be included?

Any advice/clarification is appreciated - first time doing this so likely I've missed some stuff.

Thanks very much!

Coupon-mad

Yes and yes. 

KeithP

Mindsweeper said:

The date on the small claims letter is the 13th Feb '24, so I'm now able to file my AOS & extend the defence period to 28 days. This will be done over the next couple of days.

With a Claim Issue Date of 13th February, you have until Monday 4th March to file an Acknowledgment of Service but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 18th March 2024 to file your Defence.

That's four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute. 

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

Mindsweeper

Thank you both, that’s great! Once I’ve completed the defence I’ll post here, if you wouldn’t mind giving it the once over I’d greatly appreciate it. Thanks again!

Le_Kirk

Mindsweeper said:

Thank you both, that’s great! Once I’ve completed the defence I’ll post here, if you wouldn’t mind giving it the once over I’d greatly appreciate it. Thanks again!

Of course we will, but please just post any paragraphs that you modify (usually paras 2 & 3 - unless using the @hharry100 defence) or add NOT the whole template (of course you send the whole template to CNBC).

Nellymoser

Letters from operator not received please consider supporting this.

So many people don't receive 1st and/or 2nd pcn but the £170 payment due letter often manages to drop through letter boxes.

PPCs always claim discounted rate/full rate pcns/court claim letters were sent as dated though they offer no evidence to prove this.
Since they CHOOSE NOT to provide evidence of their posting we must continue to press gov to ensure they do and see it included in the new Parking CoP.
Please sign/share @jmccabe petition closes 22nd june 2024.

https://petition.parliament.uk/petitions/652355
Require communications from Private Parking companies to be traceable/trackable
Thank you and good luck 

Mindsweeper

Hi all,

Para 2 & 3 below.  Could you take a look & let me know your thoughts?

2. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper and driver.

3. The defendant parked in a disabled bay in a private car park.  The defendant has a disability that is recognised by the Equality Act 2010 and was under the assumption that an individual with a protected characteristic under this act could make use of these ‘reasonably adjusted’ parking spaces.  The claimant states that a blue badge must be displayed and that the defendant did not display a blue badge.  The defendant believes that the Blue badge scheme holds no legal bearing within a private car park and that this arbitrary rule installed by New Generation Parking Management (NGPM) directly contravenes the the Equality Act 2010.

NGPM were notified on 28th September 2023 that I had parked the vehicle in the bay inline with the wording of the Equality Act 2010.  The defendant had also contacted DCB Ltd on 29th September 2023 to provide them with the same reasoning.  Both parties failed to acknowledge the reason provided and it was at this point that DCB Ltd advised the defendant to seek legal advice as they would progress this claim to court.   Given that both parties were made aware and disregarded a recognised disability, the defendant believes that this constitutes as direct discrimination.

Thank you!

KeithP

You've slipped into the 'first person' mode - by using the word 'I' - in the unnumbered paragraph following your paragraph 3.

Coupon-mad

Good apart from that though!

Mindsweeper

Thanks for your input again - defence is submitted, ill update when I have something to share!

Mindsweeper

Hi guys - update -  just had a letter through to say that the claim has been transferred to the county court for allocation. Is there anything I need to do at this stage or just continue to wait until they allocate a date & time? Thanks!